beta
(영문) 서울중앙지방법원 2015.03.04 2014노5018

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the first instance court is too uneased and unreasonable;

2. The Defendant, when committing a crime in the first instance, runs counter to the intention of committing a crime.

The defendant has the same criminal records but has no criminal records exceeding fines.

The actual amount of damage is not significant.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, the environment, and the background of the crime of the defendant, the first instance sentence is too unfortunate and is not unfair.

The prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.